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What States in the US Have a Problem With Salvia?
Salvia divinorum enjoys a much looser legal structure than other hallucinogenic drugs. In fact, federally, the plant is perfectly legal. There are, however, several states in the US with some form of salvia legislation. Which states are they? And how exactly do they regulate this plant?
What is salvia?
Salvia divinorum is one of several species of the Lamiaceae mint family. You might be more familiar with its sister-species Salvia officinalis, and Salvia rosmarinus, which account for the kitchen spices sage and rosemary, respectively. Salvia divinorum differs from other forms of salvia in that it contains salvinorin A, which creates a psychoactive and hallucinogenic response.
Salvia is said to hail from the Sierra Mazateca cloud forests in Oaxaca, Mexico, though this is technically unconfirmed. Thought it loves the moist and shady growing conditions of that particular environment, it can be found in many different locations worldwide, including in the US.
The plant gets its name from the word ‘divination’, and translate to “diviner’s sage” or “seer’s sage.” It was used in the rituals of Mazatec shamans for centuries for spiritual healing and divination; because it brings on altered states of consciousness, and hallucinations. There are indigenous cultures that still use it this way today. It’s also an oneirgen drug, meaning it’s used to enhance dreams while sleeping for the purpose of divination.
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The plant has a place in medical traditions. Salvia is used in the treatment of diarrhea, anemia, headaches, rheumatism, as a diuretic, and for ‘swollen belly’, considered a semi-magical disease. These uses require much lower doses than what is used to bring on psychoactive effects.
Salvia isn’t the most well-known drug, but it is still one of the more well-known of the hallucinogenic drugs. One recent study found that about 5% of the population in the US had used the drug before. Many erroneously refer to it as a psychedelic, but while it shares some similarities in causing hallucinations and otherworldly experiences, it is not technically in this category of compounds. Salvinorin A, the main active compound, is a potent agonist at κ-opioid receptors (kappa), and doesn’t affect serotonin receptors like psychedelics do.
It is known to bring on feelings of connectedness, like psychedelics, as well as sedation; disorientation in space and time; issues with motor control; analgesia; loss of memory; delusions and depersonalization; difficulty with language; laughing fits; sensory, auditory, and visual hallucinations; feelings of spirituality; and near-death experiences (or, rather, the feeling of it). It also messes with how people feel gravity, and how they feel their own physical form.
Since it’s not classified with psychedelics, and wasn’t popular at the time that the government went ahead and illegalized other hallucinogens; salvia retains legality in terms of the federal government. It does as well in many states, though there are several that have placed some kind of restriction on it, in the last several years.
States where salvia is restricted
Not every piece of legislation equals a complete illegalization. And even those that do have illegalization measures, vary in the penalties for infractions. It is true that more and more states have added on these policies, despite the federal government making no such move. Much like with magic mushrooms and mescaline, in some places, a loophole is created where the plant and the active compound are regulated differently.
Prohibit sale to minors
In some states, the only prohibition is on the sale of a product to a minor. This includes California, Maine, and New York. This is an interesting concept, of course, as there isn’t yet a sales market for the plant; however such a law comes into play when considering that the plant is federally legal, and a market can begin anywhere allowed.
What states have Schedule I for salvia?
Many states have proposed legislation here, but not all of it passed. Other states have put salvia in Schedule I of their controlled substances lists, although it can vary as to whether they include the whole plant, just the active compound, or both. The following have some form of a Schedule I ban: Alabama, Arkansas, Delaware, Connecticut, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, Wisconsin, and Wyoming.
That last one on the list, Wyoming, is also a great example of the salvia loophole, wherein one aspect is illegalized, while another is not. In Wyoming, the compound salvinorin A (apparently misspelled in the legislation) is the only thing listed, while the plant Salvia divinorum is not. This is also true in Wisconsin. This resembles both the mescaline loophole and the magic mushrooms loophole.
On the other hand, some states illegalized the plant, without naming the active compound itself, which makes one wonder what happens in the case of sales of salvinorin A extract. States that fit into this category include Delaware, Illinois, New York, and Louisiana, though Illinois does ban ‘extracts’ without mentioning salvinorin A. Plenty of states that passed legislation to ban the plant, did it this way, not mentioning the salvinorin A; and leaving gray area in terms of an extracts market.
States with lesser scheduling for salvia
Apart from barring the sale of a product to minors, some states instituted other policies that regulate either the plant or the active compound, but in a less severe way than Schedule I. As stated already, a couple states only bar the sale to minors, and do nothing else. Colorado holds salvia as a class B misdemeanor. Georgia simply regulates it as a ‘dangerous drug’, giving plenty of leeway as it is legal as a decorative plant. Of course, if you can have and grow it, not much to stop people from using it.
In Indiana, salvia is a Class A misdemeanor only, and in Minnesota its considered a Gross Misdemeanor. In New York, its prohibited for sale with a $500 fine max per incident, while in South Dakota, its either a Class 1 misdemeanor, or a Class 6 felony, depending on the amount (less than two ounces is a misdemeanor).
Tennessee regulates it as a Class D felony, but holds it legal for decorative use. As this includes possession, sale, and cultivation; it once again opens the door for use, even if use is technically illegal. In Texas its Penalty Group 3, but the legislation makes the stipulation that if its unharvested and growing in a natural state, then its okay. Rhode Island shows up in the Schedule I list, but in actuality, this only applies to ‘extracts’, and specifically doesn’t apply to the actual plant, so long as it is unaltered.
Other states, whether they tried to ban it or not, never did. These include: Alaska, Maryland, Massachusetts, New Jersey, New Mexico, Oregon, South Carolina, Utah, and Virginia. These states have absolutely no law against the plant, or the active compound in it, at least for now.
Things of note
None of these laws are actually recent from the last few years. Most happened between the years of 2007-2011, with just a few exceptions. This indicates that something happened around that time to introduce the plant to a wider audience in the US. Prior to this, its likely that no one was speaking about it at all. It’s quite possible that if it had become more popular at that time, that every state would have a ban.
There is nothing stopping the states that haven’t instituted a ban, from doing so, or for states with less strict policies, to adopt stricter ones. In a country where government doesn’t like industries it can’t control, it’s not weird to think this could and would happen. Salvia is similar right now to amanita mushrooms, which have even less restriction. They both share the quality of having not been around when similar drugs were illegalized last century.
What makes further banning less likely, is the changing climate toward psychedelics and hallucinogens in general. Colorado and Oregon have legalized some form of use, there are tons of decriminalization policies in individual locations, and more than 10 states have already announced psychedelics legislation in the works already this year. As most of these bills surround entheogenic plants, with new legislative measures opening it wider to include more plants, it makes the idea of illegalizing a plant now, not that popular an idea.
This doesn’t mean it can’t happen, of course. Governments are known to pass legal measures under the radar to avoid public scrutiny. But it also means that it might be more likely to have existing policies loosen, rather than to have more rigid ones introduced. We’ll have to wait and see.
Conclusion
Right now, salvia isn’t a real products industry, and its not spoken about as much as mushrooms, DMT, or synthetics like acid and MDMA. But one of the things we know in life, is that people like to get high, and they like to use plants to do it. With the ability for a market in many states, including ones with some – but not altogether limiting – legislation; it certainly seems like a salvia market, could be right around the corner.
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Food asphyxiation is in the news today – and is WAY more dangerous than marijuana.
Food asphyxiation is in the news again. In the US alone, approximately 5,000 – 5,500 people die from choking on food or other objects annually. Factors like living alone, having dentures, difficulty swallowing, and certain foods (like bananas, marshmallows, or gelatinous candies) can increase the risk of choking. These numbers highlight the persistent danger of food asphyxiation and the need for increased awareness and prevention measures. And yet, it is really mention in the media or Congressional reviews. But food asphyxiation is way more dangerous than cannabis.
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Food asphyxiation, commonly known as choking, claims a significant number of lives each year. The elderly population is most at risk, with 90% of food-related choking deaths in 2022 occurring in individuals over 50 years old. This statistic underscores the importance of proper care and attention for older adults during meal times. These numbers highlight the persistent danger of food asphyxiation and the need for increased awareness and prevention measures.
In contrast, deaths directly attributed to marijuana overdose are extremely rare and there is no documented case of fatal overdose from natural marijuana alone. This stark difference in mortality rates between food asphyxiation and marijuana use is noteworthy.
The disparity between food asphyxiation and marijuana overdose deaths is striking. While hundreds die each year from choking on food, marijuana overdose fatalities are virtually non-existent when considering natural marijuana use.
These findings suggest public health efforts might be disproportionately focused on substances with lower mortality rates while overlooking more common dangers like food asphyxiation. Increased education on proper eating habits, especially for at-risk populations like the elderly, could potentially save more lives than efforts to prevent marijuana overdoses.
To prevent choking, listen to your mom’s advice – eat slowly and throughly, cut food into bite size pieces, and don’t talk with your mouth full. And be mindful of food which may have small pieces or tiny bones.
Despite the massive investment by some in the industry, outdoor grows are the healthier, cleaner option
Like fruits and vegetables, outdoor floors yield the richest flavor and the least expensive products. The same can be said about cannabis, outdoor marijuana grows are better all the way around. When the industry started becoming legal, hundreds of millions were invested in indoor grow with the assumption cost per pound would stay high. Companies like Tilray built massive indoor grows, but over time they have caused expensive upkeep, high consumer prices, and upset neighbors. And do they produce the best cannabis? By leveraging natural resources like sunlight and soil, this method reduces environmental impact, enhances product quality, and fosters community harmony.
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Outdoor cannabis cultivation drastically lowers greenhouse gas emissions compared to indoor growing. Research shows outdoor farming can emit up to 50 times less carbon dioxide than indoor production, which relies heavily on artificial lighting, air conditioning, and dehumidifiers. Additionally, outdoor grows eliminate the need for energy-intensive equipment, reducing electricity consumption and promoting sustainability. Water conservation is another key advantage; outdoor farms often use natural rainwater or precision watering techniques, minimizing waste. Furthermore, the absence of chemical fertilizers in many outdoor setups helps protect local ecosystems from pollution.
Outdoor growing is more cost-effective for both producers and consumers. It eliminates expenses associated with indoor cultivation—such as high electricity bills and specialized equipment—making cannabis more affordable. For home growers, cultivating outdoors fosters a connection with nature while empowering individuals to produce their own medicine sustainably.
Sun-grown cannabis benefits from exposure to full-spectrum natural light, enhancing its terpene profiles and cannabinoid production. This results in richer flavors, aromas, and potency that indoor setups struggle to replicate. Outdoor cultivation also allows plants to grow larger and healthier due to unrestricted space and access to diverse soil nutrients. This translates to higher yields and better-quality products for consumers. Additionally, outdoor-grown cannabis often develops unique characteristics influenced by the local terroir, offering a diverse range of experiences akin to wine production.
Outdoor marijuana farms are less disruptive to neighborhoods compared to indoor facilities. Indoor grows often require extensive infrastructure upgrades, leading to increased energy demand and noise pollution from machinery. There has been an uprising by some local governments about the grows.
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In contrast, outdoor farms blend harmoniously with their surroundings, relying on natural processes rather than artificial systems. Moreover, outdoor cultivation supports local biodiversity by integrating companion plants that deter pests naturally and enrich the soil.
While outdoor cultivation is environmentally friendly, it poses challenges such as susceptibility to pests and weather fluctuations. However, solutions like greenhouses can provide controlled environments while retaining the benefits of natural sunlight. Choosing resilient strains adapted to local climates further ensures successful harvests.
The administration has spent very mixed signals…will consumers turn to hemp if marijuana is outlawed again?
He is one of the most globally well known figures and now he has health issue. The Pope resides in Vatican City, the world’s smallest country, and given its unique status , there is no healthcare system, medical centers, or hospitals. All patients must access clinics and hospitals in Rome for care. One of the most ancient cities in the world, Rome has a robust healthcare system. It includes the renowned Policlinico Universitario Gemelli, which is considered one of the largest private university hospitals in Europe and the best in Italy. But it isn’t global known like the Mayo Clinic, Cleveland Clinic, or Toronto General. Thinking outside the box, could medical marijuana help Pope Francis?
As the Pope continues his recovery from pneumonia and mild kidney issues, medical experts are exploring innovative treatments that could potentially aid in his healing process. One such treatment gaining attention is medical marijuana, which has shown promise in addressing various health conditions.
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Medical marijuana might offer relief for Pope Francis’s respiratory challenges. Certain cannabinoids, particularly CBD, have demonstrated anti-inflammatory properties that could help reduce lung inflammation associated with pneumonia. While smoking cannabis is not recommended for respiratory conditions, alternative delivery methods such as vaporization or edibles could potentially provide therapeutic benefits without irritating the lungs
As the Pope recovers, pain management is likely a key concern. Medical marijuana has shown potential as a pain adjuvant, potentially reducing the need for opioids in patients with chronic conditions. This could be particularly beneficial for elderly patients like Pope Francis, who may be more susceptible to the side effects of traditional pain medications.
Recent studies have explored the relationship between cannabis and kidney function. While more research is needed, some evidence suggests that cannabis does not negatively affect kidney function in healthy individuals. For patients with chronic kidney disease (CKD), careful monitoring and dosage adjustment may be necessary to ensure safe use.
Medical marijuana has been associated with improvements in various symptoms that could enhance the Pope’s quality of life during recovery. These include better sleep, reduced anxiety, and increased appetite. Such benefits could contribute to a more comfortable and efficient healing process.
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While the potential benefits of medical marijuana are intriguing, it’s important to approach any treatment the same caution as any elderly patient. A personalized treatment plan, developed in consultation with medical professionals, would be essential to ensure safety and efficacy. As the world watches the Pope’s recovery, the consideration of medical marijuana as a complementary treatment option offers a ray of hope. While more research is needed to fully understand its effects on specific conditions, the potential benefits for pain management, inflammation reduction, and overall well-being make it an intriguing possibility.
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